Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-05
SATURDAY. MARCH 8, 1887
A Happy Radiance.

One OF the best acts Of the Forty
ninth Congress was the repeal OF the
tenure-of-office law. That law was, to
say the least, OF doubtful constitution
atty, as is abu4dantly evidenced by the
fact Of the passage by Republican
Senate of bill for its repeal. 1t was
enacted by partisan Congress for the
purpose Of tying the hands Of ANDREW
JOHNSON when he was President OF the
United States. 1t was manifestation of
malice towards the South also. ANDREW
JOHNSON was a southern man, and had,
in Swinging around the circle" and
in other ways, made it known that he
did not agree with the Radicals and
fanatics and malignants OF Congress in
their purpose to humiliate the southern
people and make them drain to the
dregs the bitter cup Of persecution.
The tenure-of-office law was passed
in 1867, when several Of the south
em States had not been readmitted to
representation in Congress, and
when consequently there was no
difficulty in passing by two
thirds vote any bill which promised
to perpetuste the rule Of the Republi-
can party, or to humiliste the so-called
"Rebels." The enactment Of the law
was shameful abuse of power and a
direct violation of the Constitution OF
the United States, as well as an mex
cusable outrage upon large number OF
the people Of this land. 1t ought to
have been expunged from the statute
book long ago, or, rather, it ought
never to have been permitted to be en-
rolled therein.
The tenure-of-office act provided
amongst other things that no Federal
officer who had been appointed by and
with the advice and consent of the Sem
ate should be removed by the President
unless by and with the advice and con-
sent of the Senate. In other words,
that every officer should be continued
in Office as long as the term lasted I'M
less the Senate graciously consented TO
his removal. Clearly the President be-
came under this law mere figure-head.
And it was therefore so amended after
General GRANT became President as TO
restore TO the Executive some at least
OF the power which he was entitled to
exercise under the Constitution. In
April, 1869, this concession to General
GRANT was made, and he was mover
thereafter hampered by the law, though
it was still highly Objectionable and
Of course still unconstitutional. The
law was allowed to fall into a condition
of "innocuous desuetude."
As soon, however, as Democrat sue
ceeded to the Office of President the
Republicans tried to revive the law and
use il to embarrass Mr.. CLEVELAND.
Their success, however, did not greatly
encourage them to persist in the effort,
and now the odious law has been re-
pealed Shy and with the advice and
consent OF the Senate, which so often
endeavored to avail itself of the uncon-
stitutional provisions contained therein
to aid that body in its unholy war upon
the Executive branch OF the Govern
ment. No better proof could be asked
of the fact that the law was thought to
be unconstitutional by the Republican
senators who voted for its repeal.
OF course the new law adds nothing
10 the Presidents powerto appoint. 1t
only adds to his power to remove, or,
rather, recognizes the right to remove
which the Constitution gives him. For
instance. be could notappoint the negro
TRorTER to be Recorder of Deeds in
Washington city without the consent of
the Senate but he could remove TRoT
TER, who is now in the Office, without
the consent of the Senate. So as to
any officer whose appointment has to
be confirmed by the Senate. If An
DREW JOHNSON had been thus foot
loose in 1867 and 1868 andup to March
A, 1869, the history of the United
States might have been very different
from what it is.
One more war-measure has thus been
buried; but SHERMAN still waves the
bloody shirt, and Virginians are to be
found who are not ashamed to march
under his flag.
Let us hope that 1888 will end the
battle for sectionalism and begin the
era Of nationalism and patriotism.